THE ORDER THE COURTS CAN MAKE WHEN A DEFENDANT HAS DIED AND THERE ARE NO EXECUTORS OR ADMINISTRATORS
Another aspect of the judgment Currie v Thornley & Anor  EWHC. 172 (Ch) relates to the order the courts can make when a defendant in a civil action has died.
One of two defendants in a civil action had died. The defendant had given evidence, but died shortly afterwards, before judgment. None of the executors of the deceased’s estate were unwilling to be appointed.
THE JUDGE’S ORDER UNDER CPR 19.8(1)
With no-one willing to represent the estate the judge made an order that the action proceed in any event.